We conclude, however, that the defense to arbitration found in the California Franchise Investment Law is not a ground that exists at law or in equity «for the revocation of any contract,» but merely a ground that exists for the revocation
of arbitration provisions in contracts subject to the California Franchise Investment Law.
I do not share Ms Goodwin's gloomy view
of the arbitration provisions of international trade and investment agreements.
With the exception of subpart (e) above, if any part
of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance
of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, including application and / or interpretation
of the arbitration provision, or CRA's services shall be an appropriate state of federal court located in Laramie County in the state of Wyoming.
If any portion
of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
Notwithstanding any provision
of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.
According to some courts, however, this traditional line of reasoning is no longer the trend in the context
of arbitration provision in construction contracts.
He also represented a multinational manufacturer of ships, industrial machinery, and aircrafts in a dispute with one of its suppliers over the applicability
of an arbitration provision in a long term supply agreement to a situation involving defective component aircraft parts.
At oral argument before us, Citibank agreed with McGill's reading
of the arbitration provision.
Trial on enforceability
of arbitration provision in consumer contract resulted in judgment for defendant.
If this specific provision is found to be unenforceable, then the entirety
of this arbitration provision shall be null and void.
Not exact matches
Previously, employees subject to the
provisions would have had to go to
arbitration to resolve such claims, a private process that can hide the identities
of repeated perpetrators.
Subject to the
arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms
of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction
of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine
of forum non conveniens or otherwise.
Where any direct conflict exists between these Terms
of Service, or any Additional Terms, and the applicable Privacy Policy the terms
of the Privacy Policy shall take precedence; however
provisions unique to these Terms
of Service (e.g.,
arbitration) will remain in effect as outlined here.
If JAMS (or, if applicable, AAA) at the time the
arbitration is filed has Minimum Standards
of Procedural Fairness for Consumer
Arbitrations in effect which would be applicable to the matter in dispute, NBCUniversal agrees to provide the benefit
of such Minimum Standards to you to the extent they are more favorable than the comparable
arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application
of subpart (e) or (i) below.
The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation
of these Terms
of Service and / or these
arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part
of these Terms
of Service is void or voidable;
For non-U.S. residents, if binding
arbitration is adjudged by a tribunal to be unenforceable, the
provisions of Section 27 shall apply to all relevant disputes between you and us.
Pascual said the original NAFTA is preferred by the energy industry because it has a
provision for
arbitration of disputes.
If a court decides that any
provision of this paragraph is invalid or unenforceable, that
provision will be severed and the other parts
of this paragraph (and the remainder
of these terms) will continue to apply, but in no case shall either you or Daily Harvest be permitted to participate in a class action lawsuit or class - wide
arbitration..
Clayton said he requested the review «in response to the recent heightened interest from Congress and others relating to the inclusion
of mandatory
arbitration provisions in the charters or bylaws
of U.S. companies contemplating an IPO.»
It's one
of the single most feared (or even loathed)
provisions of the Department
of Labor's fiduciary rule for a large financial institution, because it dramatically raises the stakes
of a potential systemic failure to fulfill the firm's fiduciary duty to clients, outside the relative safety
of one - advisor - at - a-time
arbitration (especially industry - friendly FINRA
arbitration).
YOU FURTHER AGREE TO SUBMIT TO THE PERSONAL JURISIDICTION AND VENUE
OF THE COURTS LOCATED WITHIN CONNECTICUT EXCEPT AS OTHERWISE DESCRIBED IN THE
ARBITRATION PROVISION PARAGRAPH BELOW.
The
provisions of this
arbitration section will be enforceable in any court
of competent jurisdiction.
Subsequently he championed the state
provision of education, pensions, industrial injury compensation and industrial
arbitration.
Omitting or limiting these core
provisions enabled the Chinese government to continue legislating in favour
of Chinese state - owned enterprises and avoided recourse to international
arbitration by foreign investors.
After the Legislature passed its own budget bills including a three - year extender
of the existing
arbitration law, the enacted budget did not include any
provision addressing
arbitration — leaving the issue open.
The
provision in question (Section 209.4
of the state Civil Service Law, better known as the Taylor Law) provides for compulsory binding «interest
arbitration»
of contract disputes involving police and firefighter unions.
These includes a proposal for legislation preventing the use
of public money in settling sexual harassment claims, removal
of forced
arbitration provisions from employee contracts and a requirement that companies doing business with the state disclose the number
of sexual harassment adjudications and nondisclosure agreements they've carried out.
Employers are also no longer allowed to use a mandatory
arbitration provision — settling legal disputes with the business instead
of in court — in an employment contract related to sexual harassment.
This
arbitration provision shall survive termination
of these Terms
of Use and any other contractual relationship between you and Company.
The
arbitration provision contained herein shall be self - executing and shall remain in full force after expiration or termination
of this Agreement.
This
arbitration provision shall survive termination
of this Agreement.
The availability
of arbitration therefore highlights two additional considerations for would - be reformers: the need to scrutinize state laws governing a contract impasse to ensure that they do not stack the deck in favor
of union interests and the importance
of raising public awareness
of contract
provisions that arbitrators might otherwise leave untouched.
Officials and civic leaders should also ensure that influential members
of the local media are aware
of the contract's
provisions and have information on the nature, conduct, and outcomes
of grievance and
arbitration proceedings.
YOU UNDERSTAND THAT, IN THE ABSENCE
OF THIS
PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS - WIDE OR CLASS - ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING
ARBITRATION IN ACCORDANCE WITH THIS SECTION.
If either you or we choose or elect
arbitration of any claim, dispute, or controversy, (which may be without the other's consent), any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns
of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any
provisions of this Agreement, any prior Agreement, any disclosures, advertising, or application (hereafter «Claim» or «Claims»), including Claims regarding the applicability or validity
of this
arbitration clause, shall be resolved exclusively and finally by binding
arbitration.
The
arbitration provision shall survive termination
of your Account as well as voluntary payment
of the debt in full by you or any bankruptcy by you.
This
ARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borro
ARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the
provisions of the foregoing
ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borro
ARBITRATION AGREEMENT or
of any other
provision referencing
arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borro
arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the
ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borro
ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borrower».
In the event that any part
of or all
of any one or more
of the
provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court
of competent jurisdiction, including binding
arbitration, such invalidity, illegality or unenforceability shall not affect any other part
of or all
of any
provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all
of the
provision or
provisions had never been contained herein.
For this
arbitration provision, «you» and «us» include the employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns
of you and
of us.
This
arbitration provision shall survive termination
of this Agreement.
, some
of you may see how a judge may not give a damn what Chase says about
arbitration requirements or their right according to the agreement to change it at any time however they want, fundamentally Chase is using legalise to avoid accountability for fraud, and the ruling shall therefore be, for the interests
of justice to be properly served, that these contractual
provisions shall set aside for the purposes
of determining the charges.
This
arbitration provision shall survive: i) the termination
of the Agreement; ii) the bankruptcy
of any party; iii) any transfer, sale or assignment
of your Savings Account, or any amounts owed on your Savings Account, to any other person or entity; or iv) closing
of the Savings Account.
If we undertake collection or legal action to enforce our remedies or any
arbitration provisions under the terms
of this Agreement, you agree to pay our attorney's fees, expenses, and litigation costs to the extent permitted by law.
Given that this Agreement provides for mandatory mediation and
arbitration, if any party commences litigation in violation
of this
provision, such party shall reimburse the other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking to abate such litigation and compel
arbitration.
The parties agree that notwithstanding anything to the contrary, the rights and obligations in this mediation -
arbitration provision shall survive (1) termination
of this Agreement by either party; or (2) default
of this Agreement by either party.
Claims subject to this
arbitration provision may not be joined or consolidated in
arbitration with any Claim
of any other person or be arbitrated on a class basis, in a representative capacity on behalf
of the general public or on behalf
of any other person, unless otherwise agreed to by the parties in writing.
This
arbitration provision also does not limit or constrain the Bank's right to interplead funds in the event
of claims to Collateral Account funds by several parties.
Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing
of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application
of the Agreement and this
arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election
of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding
arbitration pursuant to this
arbitration provision and the applicable rules and procedures
of the
arbitration administrator in effect at the time the Claim is filed.
The
arbitration will be conducted in accordance with the
provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time
of submission
of the demand for
arbitration.